The High Court yesterday granted bail to a Maze Prison escaper whose extradition is being sought by the Northern Ireland authorities. Mr Justice Carney granted Mr Anthony Kelly (36), an unemployed father of two, bail after being told that the Independent Donegal deputy, Mr Harry Blaney, and a Letterkenny businessman, Mr Hugh McGee, were prepared to provide sureties of £20,000 each for Mr Kelly.
The Garda had opposed bail. Det Supt Joseph Shelley said he believed Mr Kelly would not turn up for his trial if granted bail. "My concern is that when he was given bail previously, he went to great lengths to remain at large."
He said Mr Kelly had absconded weeks before he was due to go on trial on firearms and explosives charges at the Special Criminal Court in December 1985. He agreed that Mr Kelly was subsequently arrested, served a seven-year sentence and had lived openly in Co Donegal after his release from prison in 1993.
Approving bail, the judge said both bailsmen, who were present in court, were people of standing in the community and he was relying on their judgment of Mr Kelly.
He said Mr Blaney and Mr McGee were aware that others who had provided sureties of £10,000 each for Mr Kelly in 1985 had subsequently had their bail estreated when Mr Kelly failed to turn up for trial.
Mr Justice Carney said Mr Kelly had been living openly in Co Donegal for the past 4 1/2 years and it was accepted by gardai that he was aware he was being sought by the Northern authorities. He granted Mr Kelly bail on his own bond of £1,000 and the two independent sureties of £20,000.
Mr Kelly is also required to sign on daily at Letterkenny Garda station and not to hold or apply for a passport. He is also obliged to reside at his present address at Glenard Park, Letterkenny.
Mr Kelly, who was among 38 prisoners who escaped from the Maze Prison in 1983, is wanted for extradition to Northern Ireland to serve the remainder of a life sentence imposed in 1980 for the murder of Reserve RUC Officer Stanley Wray, in Derry in 1979.
Det Supt Shelley said he believed Mr Kelly would not turn up for his trial. He said after Mr Kelly had escaped from the Maze Prison in 1983, he was arrested in Dublin in July 1985. He was charged before the Special Criminal Court in relation to firearms and explosives offences and secured bail on July 31st that year.
Mr Kelly had failed to honour his bail conditions on November 20th, 1985, and failed to turn up for his trial on December 10th that year. He was arrested and appeared before the Special Criminal Court and in 1988 was jailed for seven years on firearms, explosives and ammunition charges.
Later yesterday, in a Dublin District Court sitting at Green Street, Mr Kelly was remanded on bail for a week on the warrant seeking his extradition. He was remanded by Judge Peter Smithwick until Wednesday, when the extradition application will be heard.